5.1 EXCLUSIVE RIGHT TO SELL

Section 11 of the Plant Breeder's Rights Act 1994 give the grantee the exclusive right to sell the propagating material of the new variety. This also means that the grantee can stop others from selling or otherwise exploiting the variety without the grantee's permission. Generally the most effective way for a grantee to exploit the benefits of Plant Breeder's Rights is to either sell the variety themselves or to license distributors to sell it for them.

The commercial arrangements that the grantee enters into are not governed by the Plant Breeder's Rights Act and are usually common law contracts. These arrangements are dealt with in more detail in the separate site dealing with Contracts of this Guide.

Provisional protection for the variety starts when the application is accepted (Section 39) and finishes (unless an extension has been granted) 12 months after the description of the variety was published in the Plant Varieties Journal.

Once the applicant has provisional protection they can start exploiting their rights and selling the variety exclusively or can licence others to sell in accordance with agreed contractual conditions.

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